NRI Children, Indian Assets: The Estate Planning Gap Nobody Talks About

Global mobility has reshaped Indian families. Children increasingly move overseas for education and careers, while parents remain rooted in India, anchored to familiar communities and lifelong assets. This geographic divide, coupled with the rise of nuclear families, has created a significant but often overlooked estate planning gap. The real crisis emerges when parents pass away without a Will, leaving NRI children to navigate India’s intestate succession framework from afar.

The traditional safety net of extended families stepping in is now seldom available. Today, heirs are frequently isolated, managing complex legal processes alone. What begins as a logistical challenge can quickly escalate into sibling disputes, prolonged litigation, and fractured family relationships. Understanding these risks is the first step toward avoiding them.

The Reality of Intestate Succession:

Consider a common scenario: parents in their late 70s living in Mumbai, with two children settled in the US and the UK. Over decades, the parents accumulate assets such as real estate, bank accounts, shares, insurance policies, lockers, and possibly ancestral property without formal succession planning. When one parent passes intestate, the children must travel to India, often at considerable personal and professional cost. Grief is compounded by the daunting task of reconstructing the estate from a distance.

“The first challenge is asset identification. Financial records may be scattered, outdated, or unknown to children living overseas. Multiple bank accounts, dormant investments, or old insurance policies often surface only after months of enquiries, and some assets may never be discovered at all,” says Shraddha Nileshwar, Vertical Head – Will & Estate Planning at 1 Finance.

Once assets are identified, heirs must establish their legal status. Banks, registrars, and government authorities typically require legal heir certificates, succession certificates, or letters of administration, depending on the asset and institution involved. Each process entails court filings, affidavits, newspaper notices, and unpredictable timelines. For NRIs coordinating remotely, even routine procedural delays can stretch into years.

Taxation Complications:

While India does not impose an inheritance tax, tax exposure does not end there. Capital gains tax becomes relevant when inherited assets are sold, and for NRIs, this usually involves higher tax withholding. Although relief under double taxation avoidance agreements may be available, it depends heavily on timely compliance and accurate documentation. Delays in transmission can result in assets remaining frozen, leading to missed market opportunities or ongoing maintenance costs.

“Cross-border tax exposure further complicates matters. In the US, foreign inheritances are not taxed at the federal level, but amounts exceeding $100,000 must be reported under Form 3520. Certain states, including Pennsylvania, Maryland, and Kentucky, levy inheritance taxes ranging from 4 to 16 per cent on worldwide assets of residents,” informs Nileshwar.

In the UK, inheritance tax of up to 40 per cent generally applies at the estate level. While foreign inheritances are often excluded, domicile rules are complex and can blur boundaries, particularly where long-term residency is involved.

At the core of this exposure lies the concept of domicile. Once NRI children meet specific residency and intention thresholds, they may be treated as domiciled in their country of residence, bringing inherited Indian assets within the scope of local inheritance tax regimes.

The Way Forward:

“Effective estate planning begins with a fundamental question: have the children moved abroad temporarily, or have they settled overseas permanently?” says Nileshwar

The answer determines the appropriate planning framework.

1. Where Migration Is Temporary:

In such cases, well-established tools remain highly effective:

• A clear and legally valid Will is the cornerstone. It ensures certainty of distribution, identifies beneficiaries, appoints executors, and significantly reduces procedural delays for heirs managing affairs from overseas.

• Periodic review of the Will is equally important. Changes in assets, family circumstances, or the residency status of heirs must be reflected promptly.

• A consolidated asset record, maintained digitally and known to trusted family members or executors, simplifies post-death administration.

• A durable Power of Attorney enables trusted individuals to manage affairs during incapacity, preventing neglect or mismanagement.

• Digital assets must not be overlooked. Access to email accounts, online investments, cryptocurrencies, and social media should be addressed through the Will or secure password management systems.

• Open family conversations around succession help normalise the subject, reduce misunderstandings, and promote alignment.

2. Where Children Have Permanently Settled Overseas

Here, estate planning must account for cross-border succession and tax exposure:

• “Family private trusts, whether revocable or irrevocable, can be effective when structured correctly with professional guidance. Trusts can address cross-border jurisdictional complexities and, in certain cases, mitigate or avoid inheritance tax exposure in the heir’s country of domicile,” says Nileshwar.

• Trust structures also offer enhanced asset protection. Assets held in a living trust pass to beneficiaries without court intervention, reducing delays and disputes while allowing tailored provisions for minors or beneficiaries with special needs.

Conclusion:

As Indian families become increasingly global, estate planning has shifted from being a matter of convenience to one of necessity. While intestate succession may be the legal default, it exposes NRI heirs to avoidable delays, litigation, and tax complexity. Proactive and well-structured estate planning ensures that assets built in India are transferred efficiently, lawfully, and without burdening heirs who must manage succession from thousands of miles away.